United States v. Wilbourn, No. 13-3610 (7th Cir. 2015)
Annotate this CaseThe defendant was ultimately convicted of bank robbery by force or violence, 18 U.S.C. 2113(a), and for brandishing a firearm in furtherance of a crime of violence, 18 U.S.C. 924(c). He suffers from “antisocial personality disorder.” After his arrest the defendant acted as if he were in a catatonic state. His lawyer successfully requested a hearing to determine competency to be tried. He told the psychologist that he could not read and did not know what a bank was, what a year was, his birthday, or the name or address of any family member, but prison staff told the psychologist that they had observed the defendant reading and that he followed instructions without difficulty. The psychologist concluded that defendant was exaggerating his mental deficits and was competent to stand trial. At the competence hearing, the defendant’s ex‐wife testified that he could read, drive, and use a cell phone, and that he knew what banks, money, courts, police, and prosecutors are. The judge determined that the defendant had, by exaggerating his mental deficits, delayed the prosecution, applied the 2‐level enhancement for obstruction of justice, and sentenced him 135 months. Noting extensive evidence of defendant’s competence, the Seventh Circuit affirmed.
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